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DELHI HIGH COURT
V.KAMESWAR RAO
Kolli Indira Kumari – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner seeks pension for dependency. (Para 1 , 2 , 3 , 4) |
| 2. arguments over eligibility of widowed daughters. (Para 5 , 6 , 7) |
| 3. court analyzes precedent on dependents' eligibility. (Para 8 , 9 , 10) |
| 4. court distinguishes between conflicting judgments. (Para 11) |
| 5. court orders to grant pension consideration. (Para 12 , 13) |
JUDGMENT
V. Kameswar Rao, J. (ORAL)--This petition has been filed by the petitioner with the following prayers:-
"In view of the above, it is, therefore, humbly and respectfully prayed that in the facts and circumstances, placed before this Hon'ble Court, this Hon'ble Court may kindly be pleased to:
a) Issue a writ in the nature of mandamus or any other appropriate writ or direction to the respondent to transfer of Freedom Fighter Pension granted under the scheme namely "SWATANTRATA SAINIK SAMMAN PENSION SCHEMEN" to the late Sh. K. Appa Rao PPO No. MHAFF9801528 of Visakhapatnam, in the name of sole dependent widow daughter Smt. Kolli Indira Kumari who is petitioner in the present case, with all arrears, in the interest of justice;
b) Quash/set aside the impugned order dated 12.02.2020 communicated to the petitioner by the Government of India,
The main legal point established is that widowed/divorced daughters of freedom fighters are entitled to the benefit of the Pension Scheme under para 5.2.5, as interpreted by the Punjab & Haryana High....
A beneficial welfare scheme like the Swatantrata Sainik Samman Yojana should not be denied to a deserted, mentally ill daughter of a freedom fighter through hyper-technical interpretations of marital....
A divorced daughter is considered an eligible dependent under the Swatantrata Sainik Samman Pension Scheme, thus entitled to pension benefits.
The Court emphasized the need for a liberal and not a technical approach in considering the cases of freedom fighters seeking pension, in line with the object of the SSS Scheme, 1980.
The revised policy guidelines of 2014 cannot be applied retrospectively to deny relief to the petitioner, and the delay in processing the petitioner's application cannot be attributed to the petition....
The central legal point established in the judgment is the obligation of the authorities to act in a just and appropriate manner in sanctioning pensions to eligible beneficiaries, and the condemnatio....
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